Sandiganbayan clears ex-VP Binay, son of graft raps

The Sandiganbayan has dismissed graft and falsification charges against former Vice President Jejomar Binay, his son and former Makati Mayor Jejomar Erwin Binay Jr., and others in connection with the construction of the Makati Science High School from 2007 to 2013.

In an 86-page resolution promulgated in December 2024, the Sandiganbayan Special Fifth Division granted their demurrer to evidence and dismissed 13 criminal information for graft and falsification filed against them. 

“[T]he prosecution’s evidence utterly failed to prove all of the charges. The presumption of innocence in favor of an accused in a criminal case is a basic constitutional guarantee,” the court said.

Due to this, the court ordered the return of the bail bonds they posted. It also lifted and set aside the hold departure orders issued against all the respondents in the case.

In 2018, the Ombudsman charged Binay and his son over the supposed anomalous procurement process in constructing the Makati Science Building.

The case involves alleged irregularities in the procurement of the architectural and engineering services for the Makati Science High School in the amount of P17.4 million as well as alleged irregularities in the procurement of construction services for P1.3 billion.

In its ruling, the Sandiganbayan did not give credence to the testimonies of the witnesses, noting that they lacked personal knowledge in the case and was only speculating about what transpired in the procurement.

The Sandiganbayan also said that former Senator Antonio Trillanes IV could not be considered a witness as he was attending as a senator during the Blue Ribbon Committee hearings on the matter.

“All the purported key witnesses for the prosecution had a critical flaw: they lacked direct, first-hand knowledge of the truth regarding the charges against all of the accused and as such, their testimonies hold no probative value and deserve scant consideration from this Court,” it said.

Asid from this, the Sandiganbayan said the prosecution failed to prove a “clear, notorious, or plain inclination or predilection to support one side or person rather than another,” that they acted with evident bad faith, or with gross inexcusable negligence.

“It was incumbent upon the prosecution to prove the existence of malicious intent on the part of Binay Sr. and Binay Jr. when they affixed their signatures on the BAC resolutions,” it said.

“The records, however, are bereft of any proof which would show that the accused knew of the alleged falsified supporting documents or sham public bidding at the time he signed the documents,” it added.—LDF, GMA Integrated News